Restraing order against brothers from entering a property


We have an ancestoral house in Delhi , me , my mother and 3 brothers are equal shareholders. We have entered into an agreement with a builder in which he will construct basement ground floor & 3 floor's above. Builder will keep basement & ground floor , we have already signed a sale deed in his favour . The builder gave cheques in equal proportion to all of us & we have transferred that amount in our mothers account. My brother's were supposed to give the balance amount for my & my mother share in the property, problem is that the building is on the verge of completion but we have not received any money. My mother is staying with me & we live in another state . Can we stop my brothers from entering the flats. Moreover no family settlement agreement has been made so far & we are still five shareholders of the said property in the government records. My mother is 85yrs old & no brother is ready to keep her or look after her. Pls help

Answers (4)


88 votes

yes you can various steps.
you can file various cases.. to restrain them and get the money and build the building.
you can contact me for the same so that we can do discuss in detail.
because I will need to know the status of cheques and see other property papers as well.


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217 votes

Query perused. We will advise you to file a suit for injunction thereby restraining the defendants from entering upon the premises till the time the parties arrived at a family settlement. So far as your mother is concerned I would advise you to file a petition for maintenance under the Welfare of Senior Citizen Act. For further consultancy and legal services you may contact us.

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Dear Client

Yes you can get a Suit for injunction filed against your brothers, simultaneously you can get a complaint filed with the police regarding misuse of funds, cheating and fraud on behalf of you and your mother. I suggest you should first get a legal notice sent through advocate asking for release of funds and thereafter get suit for injunction filed. Feel free to contact for further discussion.

343 votes

Is the arrangment to pay equal amounts recorded anywhere? You can show that your brothers are in breach of the understanding between the parties to pay the amount. Rest of the queries can only be resolved once i have the complete information

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